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PAG LIN
1 1 Section 1. NEW SECTION. 297A.1 STATE POLICY.
1 2 The general assembly finds that investment in energy
1 3 conservation measures by educational facilities can reduce the
1 4 amount of energy consumed by the facilities, produce both
1 5 immediate and long-term cost savings, and promote the health
1 6 and safety of the school children of Iowa. It is the policy
1 7 of this state to encourage school districts, area education
1 8 agencies, and community colleges to invest in energy
1 9 conservation measures that reduce energy consumption, produce
1 10 a cost savings, and improve the quality of indoor air, and
1 11 when economically feasible, to build, operate, maintain, or
1 12 renovate educational facilities in a manner which will
1 13 minimize energy consumption and maximize energy savings. It
1 14 is additionally the policy of this state to encourage
1 15 reinvestment of energy savings resulting from energy
1 16 conservation measures into additional and continued energy
1 17 conservation efforts.
1 18 Sec. 2. NEW SECTION. 297A.2 DEFINITIONS.
1 19 For the purposes of this chapter:
1 20 1. "Energy conservation measure" means a training program,
1 21 facility alteration, or equipment to be used in new
1 22 construction, including an addition to an existing facility,
1 23 that reduces energy costs and includes, but is not limited to,
1 24 the following:
1 25 a. Insulation of the facility structure or systems within
1 26 the facility.
1 27 b. Storm windows or doors, caulking or weather stripping,
1 28 multiglazed windows or doors, heat-absorbing or heat-
1 29 reflective glazed and coated window or door systems,
1 30 additional glazing, reductions in glass area, or other window
1 31 and door system modifications that reduce energy consumption.
1 32 c. Automated or computerized energy control systems.
1 33 d. Heating, ventilating, or air conditioning system
1 34 modifications or replacements.
1 35 e. Replacement or modification of lighting fixtures to
2 1 increase the energy efficiency of the lighting system which,
2 2 at a minimum, shall conform to the applicable state or local
2 3 building code.
2 4 f. Energy recovery systems.
2 5 g. Cogeneration systems that produce steam or forms of
2 6 energy such as heat, as well as electricity, for use primarily
2 7 within a facility or complex of facilities.
2 8 h. Renewable energy systems, such as solar, biomass, and
2 9 wind.
2 10 i. Devices which reduce water consumption or sewer
2 11 charges.
2 12 j. Facility alterations or improvements, or new
2 13 construction, which promote healthier, safer classrooms
2 14 through plan specifications emphasizing resource efficiency
2 15 and environmental sustainability. Such specifications may
2 16 incorporate the following concepts:
2 17 (1) Site planning and landscape design maximizing the
2 18 site's natural conditions and promoting easy access for
2 19 pedestrians, bicycles, and public transportation systems.
2 20 (2) Day-lighting strategies maximizing southern building
2 21 exposures and natural daylight classroom illumination.
2 22 (3) Energy-efficient building shells designed to address
2 23 energy flows.
2 24 (4) Environmentally sensitive building products and
2 25 systems with a preference for locally produced, recycled, and
2 26 nonpolluting materials.
2 27 (5) Indoor air quality systems which avoid utilization of
2 28 polluting chemicals.
2 29 (6) Water conservation measures and principles including
2 30 the harvesting of rainwater and utilization of native, low-
2 31 maintenance landscaping plants.
2 32 (7) Recycling systems and waste management facilities that
2 33 encourage staff and student recycling efforts.
2 34 (8) Eco-education opportunities whereby the school
2 35 building is designed as a teaching tool for sustainability and
3 1 energy efficiency.
3 2 k. Any measure not otherwise defined that provides long-
3 3 term operating cost reductions and significantly reduces
3 4 energy consumption.
3 5 2. "Energy cost savings" means any of the following:
3 6 a. A measured reduction in fuel, energy, or operation and
3 7 maintenance costs created from the implementation of one or
3 8 more energy conservation measures when compared with an
3 9 established baseline for previous fuel, energy, or operation
3 10 and maintenance costs.
3 11 b. For new construction, a projected reduction in fuel,
3 12 energy, or operation and maintenance costs created from the
3 13 implementation of one or more energy conservation measures
3 14 when compared with the projected fuel, energy, or operation
3 15 and maintenance costs for equipment if the minimum standards
3 16 of the state uniform building code for public educational
3 17 facilities construction were implemented and verified by a
3 18 professional engineer licensed by the state.
3 19 3. "Energy performance-based contract" means a contract
3 20 for the evaluation, recommendation, and implementation of
3 21 energy conservation measures which includes, at a minimum all
3 22 of the following:
3 23 a. Performance of an energy audit, data collection, and
3 24 other related analyses preliminary to the undertaking of
3 25 energy conservation measures, and maintenance of project
3 26 monitoring and data collection to verify postinstallation
3 27 energy consumption and energy-related operating costs.
3 28 b. The design and installation of equipment to implement
3 29 one or more energy conservation measures, and, if applicable,
3 30 operation and maintenance of such measures.
3 31 c. The projected amount of any actual annual energy cost
3 32 savings. This amount must be projected to meet or exceed
3 33 total annual contract payments made by the school corporation
3 34 for the contract.
3 35 d. Financing charges to be incurred by the school
4 1 corporation over the life of the contract.
4 2 4. "Qualified provider" means a person or business whose
4 3 employees are experienced and trained in the design,
4 4 implementation, or installation of energy conservation
4 5 measures. The minimum training required for any such person
4 6 or employee under this chapter shall be the satisfactory
4 7 completion of at least forty hours of course instruction
4 8 dealing with energy conservation measures.
4 9 5. "School corporation" means a school district as
4 10 described in chapter 274, an area education agency as
4 11 established in chapter 273, or a community college as defined
4 12 in chapter 260C.
4 13 Sec. 3. NEW SECTION. 297A.3 REQUESTS FOR PROPOSALS –
4 14 EVALUATION.
4 15 1. Prior to entering into an energy performance-based
4 16 contract as provided in section 297A.4, a school corporation
4 17 shall announce a request for proposals. A request for
4 18 proposals shall be announced through at least one public
4 19 notice appearing at least ten days before the proposal
4 20 submission date in a newspaper of general circulation
4 21 published in the area of the school corporation, by a school
4 22 corporation that will administer the program, requesting
4 23 innovative solutions and proposals for energy conservation
4 24 measures. Proposals submitted shall be sealed. The request
4 25 for proposals shall include all of the following:
4 26 a. Name and address of the school corporation.
4 27 b. Name, address, title, and telephone number of a contact
4 28 person for the school corporation.
4 29 c. Notice indicating that the school corporation is
4 30 requesting qualified providers to propose energy conservation
4 31 measures to be provided pursuant to an energy performance-
4 32 based contract.
4 33 d. Date, time, and place where proposals must be received.
4 34 e. Evaluation criteria for assessing the proposals.
4 35 f. Any other stipulations and clarifications the school
5 1 corporation may require.
5 2 2. The school corporation shall evaluate any sealed
5 3 proposal from a qualified provider. Sealed proposals shall be
5 4 opened by a designated member or employee or governing body of
5 5 the school corporation at a public meeting during which the
5 6 contents of the proposals shall be announced. Each person or
5 7 entity submitting a sealed proposal must receive at least ten
5 8 days' notice of the time and place of the public meeting,
5 9 published pursuant to the procedure specified in this section.
5 10 The school corporation shall analyze the estimates of all
5 11 costs of installations, modifications, and remodeling,
5 12 including, without limitation, costs of a preinstallation
5 13 energy audit or analysis, design, engineering, installation,
5 14 maintenance, repairs, debt service, conversions to a different
5 15 energy or fuel source, and postinstallation project
5 16 monitoring, data collection, and reporting. The evaluation
5 17 shall include a detailed analysis of whether the energy
5 18 consumed or the operating costs, or both, will be reduced, and
5 19 shall be reviewed by either the department of education or the
5 20 department of natural resources, or verified by a licensed
5 21 professional engineer.
5 22 Sec. 4. NEW SECTION. 297A.4 AWARD OF GUARANTEED ENERGY
5 23 COST SAVINGS CONTRACT.
5 24 A school corporation shall select the qualified provider
5 25 that best meets the needs of the school corporation. After
5 26 completing its evaluation of the proposals received pursuant
5 27 to section 297A.3, the school corporation shall provide public
5 28 notice of the meeting at which it proposes to award a
5 29 guaranteed energy cost savings contract. The notice shall
5 30 contain the names of the parties to the proposed contract and
5 31 the purpose of the contract. The public notice shall be
5 32 published at least ten days prior to the meeting, pursuant to
5 33 the procedure specified in section 297A.3. A school
5 34 corporation may enter into a guaranteed energy cost savings
5 35 contract with a qualified provider if it finds after
6 1 evaluating the proposal pursuant to section 297A.3 that the
6 2 amount it would spend on the energy conservation measures
6 3 recommended in the proposal would not exceed the amount to be
6 4 saved in either energy or operational costs, or both, within a
6 5 twenty-year period from the date of installation or
6 6 modification, based on life-cycle costing calculations, if the
6 7 recommendations in the proposal are followed.
6 8 In selecting a qualified provider pursuant to this section,
6 9 to the extent possible and when consistent with the objectives
6 10 of the school district, a district shall indicate a preference
6 11 for proposals which promote healthier, safer classrooms
6 12 through plan specifications emphasizing resource efficiency
6 13 and environmental sustainability, incorporating the concepts
6 14 defined in section 297A.2, subsection 1, paragraph "j".
6 15 Sec. 5. NEW SECTION. 297A.5 QUALIFIED PROVIDER
6 16 GUARANTEE.
6 17 The guaranteed energy cost savings contract shall include a
6 18 written guarantee of the qualified provider that either the
6 19 anticipated energy or operational cost savings, or both, will
6 20 meet or exceed within twenty years the costs of the energy
6 21 conservation measures. The qualified provider shall reimburse
6 22 the school corporation for any shortfall of guaranteed energy
6 23 cost savings projected in the contract. A qualified provider
6 24 shall provide to the school corporation a one hundred percent
6 25 public construction bond for the installation and the faithful
6 26 performance of all the measures included in the contract and
6 27 for guaranteed savings for the length of the contract. The
6 28 guaranteed energy cost savings contract may provide for
6 29 payments over a period of time, not to exceed twenty years.
6 30 Sec. 6. NEW SECTION. 297A.6 PAYMENT PROVISIONS.
6 31 1. A school corporation may enter into an installment
6 32 payment contract or lease-purchase agreement with a qualified
6 33 provider for the purchase and installation of energy
6 34 conservation measures, if a motion on such a contract or
6 35 agreement is adopted by the governing body of the school
7 1 corporation. The contract shall provide for payments of not
7 2 less than one-twentieth of the price to be paid for purchase
7 3 and installation within two years from the date of the
7 4 complete installation and acceptance by the school
7 5 corporation, and the remaining costs shall be paid at least
7 6 quarterly, not to exceed a twenty-year duration based on life-
7 7 cycle costing calculations.
7 8 2. Energy performance-based contracts may extend beyond
7 9 the fiscal year in which they become effective, and may be
7 10 automatically renewed annually for up to twenty years, subject
7 11 to annual appropriations from the governing body of the school
7 12 corporation based upon continued realized energy cost savings.
7 13 An energy performance-based contract shall stipulate that the
7 14 agreement does not constitute a debt, liability, or obligation
7 15 on the part of the state, or a school corporation facing an
7 16 annual energy cost savings shortfall as provided in section
7 17 297A.5.
7 18 3. The contract shall include a guarantee by the qualified
7 19 provider that annual energy cost savings will meet or exceed
7 20 the amortized cost of energy conservation measures. The
7 21 qualified provider shall provide to the school corporation an
7 22 annual reconciliation of the guaranteed energy cost savings,
7 23 and shall be liable for any annual energy cost savings
7 24 shortfall that may occur as provided in section 297A.5.
7 25 EXPLANATION
7 26 This bill provides for the creation of a school energy
7 27 conservation program designed to facilitate the ability of
7 28 school corporations to undertake energy conservation measures
7 29 involving training programs, school facility improvements or
7 30 alterations, or new construction or additions, by means of
7 31 contracting with a service provider that guarantees energy or
7 32 operational cost savings.
7 33 The bill provides a definition of an energy conservation
7 34 measure to be undertaken by a school corporation, which
7 35 includes insulation, caulking or weather stripping, adding
8 1 energy control systems, adding, modifying, or replacing
8 2 heating, ventilating, or air conditioning systems, replacement
8 3 or modification of lighting fixtures, adding energy recovery
8 4 systems, cogeneration systems, renewable energy systems,
8 5 devices which reduce water consumption or sewer charges, plans
8 6 promoting healthier, safer classrooms through specifications
8 7 emphasizing resource efficiency and environmental
8 8 sustainability, or additional energy conservation measures
8 9 that provide long-term operating cost reductions. The bill
8 10 provides that a school corporation which seeks to undertake
8 11 one or more energy conservation measures can enter into a
8 12 guaranteed energy cost savings contract with a qualified
8 13 provider. The bill defines a guaranteed energy cost savings
8 14 contract to include a contract with a qualified provider for
8 15 the performance of energy audits and preliminary analyses, the
8 16 evaluation, recommendation, and implementation of energy
8 17 conservation measures, and postimplementation data collection
8 18 and recordkeeping. The bill defines a qualified provider as a
8 19 person or business which is experienced in the design,
8 20 implementation, and installation of energy conservation
8 21 measures, and which person or business submits a proposal to
8 22 enter into a guaranteed energy cost savings contract with a
8 23 school corporation. The bill specifies procedures for public
8 24 notice regarding a request for proposals from qualified
8 25 providers, evaluation procedures and criteria regarding the
8 26 proposals submitted, and procedures regarding the awarding of
8 27 a contract by the school corporation. The bill provides that
8 28 in selecting a qualified provider, to the extent possible and
8 29 when consistent with the objectives of the school district, a
8 30 district shall indicate a preference for proposals which
8 31 promote healthier, safer classrooms through plan
8 32 specifications emphasizing resource efficiency and
8 33 environmental sustainability. The bill defines "school
8 34 corporation" as a school district, an area education agency,
8 35 or a community college.
9 1 The bill provides that a guaranteed energy cost savings
9 2 contract shall contain a written guarantee from the qualified
9 3 provider that the anticipated energy or operational cost
9 4 savings to the school corporation will at least equal the cost
9 5 of the energy conservation measures undertaken by the school
9 6 corporation within 20 years, and that the provider agrees to
9 7 reimburse the school corporation for any energy cost savings
9 8 shortfall. The provider is required to provide a bond to the
9 9 school corporation for faithful performance of the contract.
9 10 The contract shall provide for payment of not less than
9 11 one-twentieth of the purchase and installation price within
9 12 two years from original installation, with quarterly payments
9 13 thereafter for up to 20 years' total duration.
9 14 The bill provides that the contract may extend beyond the
9 15 fiscal year in which it becomes effective and may be
9 16 automatically renewed annually for up to 20 years, subject to
9 17 annual appropriations from the governing body of the school
9 18 corporation based upon continued realized energy cost savings.
9 19 The bill provides that the contract shall stipulate that the
9 20 agreement does not constitute a debt, liability, or obligation
9 21 on the part of the state, or a school corporation experiencing
9 22 an energy cost savings shortfall, and include a guarantee by
9 23 the qualified provider that annual energy cost savings will
9 24 meet or exceed the amortized cost of energy conservation
9 25 measures. The bill provides that the qualified provider shall
9 26 provide to the school corporation an annual reconciliation of
9 27 the guaranteed energy cost savings, and shall be liable for
9 28 any annual shortfall which may occur.
9 29 LSB 2893SS 79
9 30 rn/cf/24
Text: SF00370 Text: SF00372 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
© 2001 Cornell College and League of Women Voters of Iowa
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